Shell May Have Upper Hand In High Court Alien Tort Battle

Law360, New York (September 27, 2012, 9:13 PM EDT) -- To prevail in a rare second round of oral arguments before the U.S. Supreme Court on Monday, Nigerians accusing Royal Dutch Shell PLC of facilitating human rights abuses will need to win over justices who seem skeptical the Alien Tort Statute applies to actions on foreign soil and overcome the government's stance against their claims.

The first oral arguments in the case, held in February, centered on whether the ATS — a 223-year-old law that allows for claims to be brought in U.S. courts alleging international...
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